Housing Act 1974

• (4) The Secretary of State may by regulations made by statutory instrument make such transitional provisions as he considers appropriate for the purpose of securing the proper application of Part II of the said Act of 1967—

• (a) on and after 6th April 1980 in relation to a loan to which subsection (2) above applies ; and

• (b) after the expiry of the period specified in subsection (3) above in relation to a loan to which that subsection applies.

• (5) Without prejudice to the generality of the power conferred by subsection (4) above, in relation to a loan to which the power applies, regulations under that subsection—

• (a) may require things to be done before the date on which the said Part II is to apply to the loan; and

• (b) may make such modifications of the said Part II as the Secretary of State considers appropriate.

• (6) A statutory instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Tax exemptions for self-build societies

120

After section 341 of the Income and Corporation Taxes Act 1970 there shall be inserted the following section:—

(341A) (1) Where a self-build society makes a claim in that behalf for any year or part of a year of assessment during which the society was approved for the purposes of this section, rent to which the society was entitled from its members for the year or part shall be disregarded for tax purposes. (2) Where a claim under subsection (1) of this section has effect, any adjustment of the society's liability to tax which is required in consequence of the claim may be made by an assessment or by repayment or otherwise, as the case may require. (3) Where a self-build society makes a claim in that behalf for an accounting period or part of an accounting period during which it was approved for the purposes of this section, the society shall be exempt from corporation tax on chargeable gains accruing to it in the accounting period or part thereof on the disposal of any land to a member of the society. (4) References in this section to the approval of a self-build society are references to its approval by the Secretary of State, and the Secretary of State shall not approve a self-build society for the purposes of this section unless he is satisfied— (a) that the society is, or is deemed to be, duly registered under the Industrial and Provident Societies Act 1965 ; and (b) that the society satisfies such other requirements as may be prescribed by or under regulations under subsection (6) below and will comply with such conditions as may for the time being be so prescribed. (5) An approval given for the purposes of this section shall have effect as from such date (whether before or after the giving of the approval) as may be specified by the Secretary of State and shall cease to have effect if revoked by him. (6) The Secretary of State may by statutory instrument make regulations for the purpose of carrying out the provisions of this section; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament. (7) Section 42 of the Taxes Management Act 1970 (procedure for making claims) shall not apply to a claim under this section, but such a claim shall be made to the inspector and shall be made not later than two years after the end of the year of assessment or accounting period to which, or to a part of which, it relates. (8) Subject to subsection (9) below, no claim under this section shall have effect unless it is proved that during the year or accounting period, or part thereof, to which the claim relates— (a) no land owned by the society was occupied, in whole or in part and whether solely or as joint occupier, by a person who was not, at the time of his occupation, a member of the society ; and (b) the society making the claim satisfies the condition specified in paragraph (a) of subsection (4) above and has complied with the conditions prescribed under paragraph (b) of that subsection and for the time being in force ; and for the purposes of paragraph (a) above, occupation by any other person in accordance with the will, or the provisions applicable on the intestacy, of a deceased member, shall be treated during the first six months after the death as if it were occupation by a member. (9) Notwithstanding the provisions of subsection (8) above, where, on a claim under this section, the Board are satisfied that the requirements of paragraphs (a) and (b) of that subsection are substantially complied with, they may direct that the claim shall have effect; but if, subsequently, information comes to the knowledge of the Board which satisfies them that the direction was not justified, they may revoke the direction and thereupon the liability of the society to tax for all relevant years or accounting periods shall be adjusted by the making of assessments or otherwise. (10) A claim under this section shall be in such form and contain such particulars as may be prescribed by the Board. (11) In this section— - " self-build society " has the same meaning as in Part I of the Housing Act 1974 ; and - " rent " includes any sums to which a self-build society is entitled in respect of the occupation of any of its land under a licence or otherwise."

Disclosure of landlord's identity

121

• (1) If after the coming into operation of this section the tenant of premises occupied as a dwelling makes a written request for the landlord's name and address to any person who demands or to the last person who received rent payable under the tenancy or to any other person for the time being acting as agent for the landlord in relation to the tenancy, and that person fails without reasonable excuse to supply a written statement of the name and address within the period of 21 days beginning with the day on which he receives the tenant's request, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

• (2) In any case where—

• (a) in response to a request under subsection (1) above, a tenant is supplied with the name and address of the landlord of the premises concerned ; and

• (b) the landlord is a body corporate ; and

• (c) the tenant makes a further written request to the landlord for information under this subsection,

the landlord shall, within the period of 21 days beginning with the day on which he receives the request under this subsection, supply to the tenant a written statement of the name and address of every director and the secretary of the landlord.

• (3) Any reference in subsection (1) or subsection (2) above to a person's address is a reference to his place of abode or his place of business or, in the case of a company, its registered office.

• (4) A request under subsection (2) above shall be deemed to be duly made to the landlord if it is made to an agent of the landlord or to a person who demands the rent of the premises concerned, and any such agent or person to whom such a request is made shall as soon as may be forward it to the landlord.

• (5) A landlord who fails without reasonable excuse to comply with a request under subsection (2) above within the period mentioned in that subsection and a person who fails without reasonable excuse to comply with any requirement imposed on him by subsection (4) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

• (6) Where an offence under subsection (1) or subsection (5) above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

• (7) Where the affairs of a body corporate are managed by its members, subsection (6) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

• (8) In England and Wales proceedings for an offence under this section may be instituted by any of the following local authorities,—

• (a) the council of a district or London borough ;

• (b) the Greater London Council; and

• (c) the Common Council of the City of London.

• (9) In this section—

• " landlord " means the immediate landlord and, in relation to premises occupied under a right conferred by an enactment, includes the person who, apart from that right, would be entitled to possession of the premises;

• " tenant " includes a sub-tenant and a tenant under a right conferred by an enactment, except that it does not include a tenant under a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies.

• (10) This section shall come into operation at the expiry of the period of one month beginning with the date on which this Act is passed.

Duty to inform tenant of a dwelling of assignment of landlord's interest

122

• (1) If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the person to whom that interest is assigned (in this section referred to as " the new landlord ") shall, within the appropriate period, give notice in writing to the tenant of the assignment and of the name and address of the new landlord.

• (2) In subsection (1) above " the appropriate period " means the period beginning on the date of the assignment in question and ending either two months after that date or, if it is later, on the first day after that date on which rent is payable under the tenancy.

• (3) Subject to subsection (4) below, the reference in subsection (1) above to the new landlord's address is a reference to his place of abode or his place of business or, if the new landlord is a company, its registered office.

• (4) If trustees as such constitute the new landlord, it shall be a sufficient compliance with the obligation in subsection (1) above to give the name of the new landlord to give a collective description of the trustees as the trustees of the trust in question, and where such a collective description is given—

• (a) the address of the new landlord for the purpose of that subsection may be given as the address from which the affairs of the trust are conducted; and

• (b) a change in the persons who are for the time being the trustees of the trust shall not be treated as an assignment of the interest of the landlord.

• (5) If any person who is the new landlord under a tenancy falling within subsection (1) above fails, without reasonable excuse, to give the notice required by that subsection, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

• (6) Where an offence under subsection (5) above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

• (7) Where the affairs of a body corporate are managed by its members, subsection (6) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if here were a director of the body corporate.

• (8) In this section " tenancy" includes a subtenancy and a statutory tenancy, within the meaning of the Rent Act 1968 or of the Rent (Scotland) Act 1971, but does not include a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies, and " tenant" shall be construed accordingly.

• (9) In this section—

• (a) in relation to England and Wales " assignment" includes any conveyance other than a mortgage or charge ; and

• (b) in relation to Scotland " assignment" means a conveyance or other transfer (other than in security), and any reference to the date of the assignment means the date on which the conveyance or other transfer was granted, delivered or otherwise made effective.

• (10) This section shall come into operation at the expiry of the period of one month beginning with the date on which this Act is passed.

Form and content of certain notices to quit

123

• (1) In section 16 of the Rent Act 1957 or, in Scotland, section 131 of the Rent (Scotland) Act 1971 (minimum length of notice to quit) after the words " shall be valid unless it" there shall be inserted the words " is in writing and contains such information as may be prescribed and " and at the end of that section there shall be added the following subsections:—

(2) In this section " prescribed " means prescribed by regulations made by the Secretary of State by statutory instrument, and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) Regulations under this section may make different provision in relation to different descriptions of lettings and different circumstances.

• (2) This section does not apply in relation to a notice to quit given before the day appointed for the coming into operation of this section.

Service charges

124

• (1) After section 91 of the Housing Finance Act 1972 there shall be inserted the following section:—

(91A) (1) A service charge shall only be recoverable from the tenant of a flat— (a) in respect of the provision of chargeable items to a reasonable standard ; and (b) to the extent that the liability incurred or amount defrayed by the landlord in respect of the provision of such items is reasonable; and if any works in respect of which a service charge is claimed are estimated to cost more than £250, at least two estimates of the cost of such works shall be obtained by the landlord or agent and one of the said estimates shall be from a firm wholly unconnected with them, in the manner described in Schedule 12 to this Act; and if any work in respect of which a service charge is claimed is estimated to cost more than £2,000, there shall be a duty upon the landlord or agent first to discuss it with the tenants' association or if no such body exists or is not wholly independent, then with individual tenants before it is proceeded with (except in cases of emergency) and only after such consultation shall estimates be obtained in accordance with the provisions of this section; and the consultation and expressed views of tenants or their association or both shall be produced to the Court in case of any dispute arising out of the operation of this section. (2) Any agreement made by a tenant of a flat other than an arbitration agreement within the meaning of section 32 of the Arbitration Act 1950 (whether the agreement is contained in an instrument letting the flat or not and whether it is made before the flat is let or not) shall be void in so far as it purports to provide for determination in a particular manner or on particular evidence (including, without prejudice to the generality of this subsection, determination on the basis of a certificate given by any person) of any question— (a) whether chargeable items have been provided to a reasonable standard; or (b) whether the liability incurred or amount defrayed by the landlord in respect of them was reasonable. (3) The High Court or the county court, on the application of the landlord or tenant of a flat, may by order, in relation to any chargeable items specified in the order, declare— (a) that they have or have not been provided to a reasonable standard ; and (b) that the amount alleged to be payable in respect of them is or is not reasonable, and may direct the amount to be paid by the tenant in consequence of the declaration. (4) Where in proceedings brought under the foregoing subsection (3) it is proved to the satisfaction of the Court that an association has been formed to represent the tenants one or more of whom are parties to the application and that the membership of such association comprises not less than 60 per cent. of the tenants eligible to belong thereto the Court may in making any order on the application further declare that the said association shall until further order of the Court be recognised for the purposes of this Act as the tenants' association entitled to exercise the rights conferred by this Act and the term " tenants' association" shall refer to such association so long as it is so recognised. (5) Regulations relating to the formation of such tenants' association may be made by the Secretary of State. (6) The county court may make a declaration under this section notwithstanding that the declaration is the only relief sought. (7) In this section " chargeable items " means any items for which a service charge may be payable, and other expressions used in this section have the meanings assigned to them by section 90(12) above. (8) This section does not apply— (a) where the landlord is— (i) a local authority or a county council, or (ii) a new town corporation, or (iii) the Housing Corporation, or (iv) a housing association falling within paragraph (d) of subsection (1) of section 91 above, or (v) an association or company the membership of which is wholly or mainly restricted to persons who are tenants in the same block or blocks of flats, or (b) where the tenant is a protected tenant or a statutory tenant within the meaning of the Rent Act 1968 or a lessee within the meaning of Part VI of that Act (furnished lettings). (9) This section does not apply in relation to an accounting year ending before 1st August 1974.

• (2) The amendments of the Housing Finance Act 1972 specified in Schedule 12 to this Act shall have effect, subject to paragraph 5 of that Schedule.

• (3) This section shall come into operation at the expiry of the period of one month beginning with the date on which this Act is passed.

Specific performance of landlord's repairing covenants, etc.

125

• (1) In any proceedings in which a tenant of a dwelling alleges a breach on the part of his landlord of a repairing covenant relating to any part of the premises in which the dwelling is comprised, the court may, in its discretion, order specific performance of that covenant, whether or not the breach relates to a part of the premises let to the tenant and notwithstanding any equitable rule restricting the scope of that remedy, whether on the basis of a lack of mutuality or otherwise.

• (2) In this section—

• " landlord ", in relation to a tenant, includes any person against whom the tenant has a right to enforce a repairing covenant;

• " repairing covenant " means a covenant to repair, maintain, renew, construct or replace any property ;

• " statutory tenant " has the same meaning as in the Rent Act 1968; and

• " tenant " includes a sub-tenant and a statutory tenant but does not include a tenant under a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies, and any reference to the premises let to a tenant means, in relation to a statutory tenant, the premises of which he is the statutory tenant.

• (3) This section shall come into operation on the passing of this Act.

Enforceability of certain covenants in agreements relating to development land

126

• (1) The provisions of this section shall apply if a principal council (in the exercise of their powers under section 111 of the Local Government Act 1972 or otherwise) and a person having an interest in land in their area become parties to an instrument under seal executed for the purpose of securing the carrying out of works on that land or of facilitating the development of that land or of other land in which that person has an interest and the instrument is registered in the register of local land charges—

• (a) by the proper officer, for the purposes of section 15 of the Land Charges Act 1925, of the local authority in whose area the land is situated, and

• (b) in such manner as may be prescribed by rules under section 19 of that Act,

and in this subsection " local authority" means a district council, a London borough council or the Common Council of the City of London.

• (2) If, in a case where this section applies,—

• (a) the instrument contains a covenant on the part of any person having an interest in land, being a covenant to carry out any works or do any other thing on or in relation to that land, and

• (b) the instrument defines the land to which the covenant relates, being land in which that person has an interest at the time the instrument is executed, and

• (c) the covenant is expressed to be one to which this section applies,

the covenant shall be enforceable (without any limit of time) against any person deriving title from the original covenantor in respect of his interest in any of the land defined as mentioned in paragraph (b) above and any person deriving title under him in respect of any lesser interest in that land as if that person had also been an original covenanting party in respect of the interest for the time being held by him.

• (3) Without prejudice to any other method of enforcement of a covenant falling within subsection (2) above, if there is a breach of the covenant as a result of a failure to carry out any works or to do any other thing on or in relation to any of the land to which the covenant relates, then, subject to subsection (4) below, the principal council who are a party to the instrument in which the covenant is contained may—

• (a) enter on the land concerned and carry out the works or do any other thing which the covenant requires to be carried out or done ; and

• (b) recover from any person against whom the covenant is enforceable (whether by virtue of subsection (2) above or otherwise) any expenses incurred by the council in exercise of their powers under this subsection.

• (4) Before a principal council exercise their powers under subsection (3)(a) above they shall give not less than 21 days notice of their intention to do so to any person—

• (a) who has for the time being an interest in the land on or in relation to which the works are to be carried out or other thing is to be done ; and

• (b) against whom the covenant is enforceable (whether by virtue of subsection (2) above or otherwise).

• (5) The Public Health Act 1936 shall have effect as if any reference to that Act in—

• (a) section 277 thereof (power of councils to require information as to ownership of premises),

• (b) section 283 thereof (notices to be in writing; forms of notices, etc.),

• (c) section 288 thereof (penalty for obstructing execution of Act), and

• (d) section 291 thereof (certain expenses recoverable from owners to be a charge on the premises; power to order payment by instalments),

included a reference to subsections (1) to (4) above and as if any reference in those sections of that Act—

• (i) to a local authority were a reference to a principal council; and

• (ii) to the owner of premises were a reference to the holder of an interest in land.

• (6) In its application to a notice or other document authorised to be given or served under subsection (4) above or by virtue of any provision of the Public Health Act 1936 specified in subsection (5) above, section 233 of the Local Government Act 1972 (service of notices by local authorities) shall have effect as if any reference in that section to a local authority included a reference to the Common Council of the City of London.

• (7) In this section " principal council" means the council of a county, district or London borough, the Common Council of the City of London or the Greater London Council, and, subject to subsection (8) below, in relation to the Isles of Scilly, the Council of those Isles.

• (8) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order direct that the provisions of subsections (1) to (6) of this section shall apply to the Isles of Scilly subject to such exceptions, adaptations and modifications, if any, as may be specified in the order.

Expenses and terms of payment of grants, etc.

127

• (1) Except as provided by section 7 of this Act, there shall be defrayed out of money provided by Parliament—

• (a) any sums required for the payment by the Secretary of State of grants, subsidies or contributions under this Act and any other expenses or outgoings of the Secretary of State under this Act;

• (b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act;

and any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

• (2) Any grant, subsidy or contribution payable by the Secretary of State under this Act shall be payable subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.

Orders

128

• (1) Any power of the Secretary of State to make an order under any provision of this Act shall be exercisable by statutory instrument.

• (2) An order made by the Secretary of State under any provision of this Act may be varied or revoked by a subsequent order made under that provision.

• (3) Subject to subsection (4) below, a statutory instrument containing an order made under any of the preceding provisions of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Subsection (3) above shall not apply to an order made under any of sections 7, 46, 59, 64 or 78 of this Act

Interpretation

129

• (1) In the application of this Act in England and Wales—

• " the Corporation " means the Housing Corporation ;

• " dwelling " means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to or usually enjoyed with that building or part;

• " hostel " means a building wherein is provided, for persons generally or for a class or classes of persons, residential accommodation (otherwise than in separate and self-contained sets of premises) and either board or facilities for the preparation of food adequate to the needs of those persons, or both;

• " house in multiple occupation " means a house which is occupied by persons who do not form a single household, exclusive of any part thereof which is occupied as a separate dwelling by persons who do form a single household;

• " housing association " has the meaning assigned to it by section 189(1) of the Housing Act 1957;

• " improvement grant " and " intermediate grant " have the meanings assigned to them by section 56(2) of this Act;

• " operative date " means 1st April 1975 or such later date as may be specified under, and for the purposes of, section 17(1) of this Act;

• " registered ", except in the expression " registered charity " means registered in the register of housing associations established under section 13 of this Act, and "registration " and " unregistered" shall be construed accordingly;

• " registered charity " means a charity of which particulars are entered in the register of charities established under section 4 of the Charities Act 1960;

• " repairs grant " and " special grant " have the meanings assigned to them by section 56(2) above.

• (2) In the application of this Act in Scotland—

• " charge " includes a heritable security ;

• " the Corporation " means the Housing Corporation ;

• " dwelling " means a house within the meaning of section 208(1) of the Housing (Scotland) Act 1966 ;

• " heritable security " has the meaning assigned to it by section 12 of this Act;

• " hostel " has the same meaning as in section 21(4) of the Housing (Financial Provisions) (Scotland) Act 1968 ;

• " housing association " has the meaning assigned to it by section 208(1) of the Housing (Scotland) Act 1966;

• " local authority " has the meaning assigned to it by section 1 of the Housing (Scotland) Act 1966;

• " mortgage " means a heritable security and " mortgagee " means the creditor in such a security;

• " operative date " has the same meaning as in subsection (1) above;

• " registered " means registered in the register of housing associations established under section 13 of this Act, and " registration " and " unregistered " shall be construed accordingly.

• (3) For the purposes of this Act a person is a member of another's family if that person is—

• (a) the other's wife or husband; or

• (b) a son or daughter or a son-in-law or daughter-in-law of the other, or of the other's wife or husband ; or

• (c) the father or mother of the other, or of the other's wife or husband.

• (4) In paragraph (b) of subsection (3) above any reference to a person's son or daughter includes a reference to any step-son or step-daughter, any illegitimate son or daughter, and any adopted son or daughter of that person, and " son-in-law" and " daughter-in-law " shall be construed accordingly.

• (5) Any reference in this Act to any other enactment shall be construed as referring to that enactment as amended by or under any other enactment, including this Act.

Amendments, transitional provisions, savings and repeals

130

• (1) Schedule 13 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.

• (2) In Schedule 13 to this Act, the amendments of the Land Compensation Act 1973 and the Land Compensation (Scotland) Act 1973 shall have effect in the case of persons displaced on or after the date of the passing of this Act.

• (3) The transitional provisions and savings in Schedule 14 to this Act shall have effect.

• (4) The enactments specified in Schedule 15 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, citation, commencement and extent

131

• (1) This Act may be cited as the Housing Act 1974.

• (2) This Act and the Housing Acts 1957 to 1973 may be cited together as the Housing Acts 1957 to 1974.

• (3) Except in so far as any provision of this Act otherwise provides, this Act shall come into operation on such day as the Secretary of State may by order appoint, and different days may be so appointed for different provisions and for different purposes.

• (4) Without prejudice to any express saving contained in Schedule 14 to this Act, an order under subsection (3) above appointing a day for the coming into operation of any provision of Schedule 13 or Schedule 15 to this Act may contain such savings with respect to the operation of that provision as appear to the Secretary of State to be appropriate.

• (5) Parts IV, V, VI, VII, and VIII and, in Part IX, sections 105, 106, 108, 118, 124, 125 and 126 of this Act extend to England and Wales only.

• (6) Section 107 of this Act extends to Scotland only.

• (7) This Act does not extend to Northern Ireland.

SCHEDULE 1

1

In sub-paragraph (1) of paragraph 2 of Schedule 1 to the 1964 Act (number of members of Corporation not to exceed nine) for the word "nine" there shall be substituted the word " fifteen ".

2

At the end of the said paragraph 2 there shall be inserted the following paragraph—

(2A) (1) Before appointing a person to be a member of the Corporation the Ministers shall satisfy themselves that that person will have no such financial or other interest as is likely to affect prejudicially the exercise of his functions as a member, and the Ministers shall also satisfy themselves from time to time with respect to every member of the Corporation that he has no such interest; and any person who is, or whom the Ministers propose to appoint, a member of the Corporation shall, whenever requested by them to do so, furnish them with such information as the Ministers consider necessary for the performance of their duties under this paragraph. (2) A member of the Corporation who is any way directly or indirectly interested in a contract made or proposed to be made by the Corporation shall disclose the nature of his interest at a meeting of the Corporation, and the disclosure shall be recorded in the minutes of the Corporation ; and the member shall not take part in any decision of the Corporation with respect to that contract. (3) For the purposes of sub-paragraph (2) above a general notice given at a meeting of the Corporation by a member of the Corporation to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with the company or firm shall be regarded as a sufficient disclosure of his interest in relation to any contract so made. (4) A member of the Corporation need not attend in person at a meeting of the Corporation in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting. (5) In sub-paragraph (1) above 'the Ministers' means the persons by whom members of the Corporation are appointed under paragraph 2(1) above.

3

In paragraph 5 of that Schedule after the words " this Act" there shall be inserted the words " or the Housing Act 1974 ".

4

At the end of paragraph 5 of that Schedule there shall be added the following paragraph—

(6) The Corporation shall be a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916.

SCHEDULE 2

1

For the purposes of section 2 of this Act "grant-aided land" means land—

• (a) in respect of which any such payment as is specified in paragraph 2 below falls or fell to be made in respect of a period ending after 24th January 1974 ; or

• (b) on which is or has been secured a loan which is of a description specified in paragraph 3 below and in respect of which any repayment (whether by way of principal or interest or both) falls or fell to be made after that date.

2

The payments referred to in paragraph 1(a) above are payments—

• (a) by way of annual grants under section 31(3) of the Housing Act 1949 or by way of exchequer contributions under section 19(3) of the Housing (Scotland) Act 1949 or under section 121(3) of the Housing (Scotland) Act 1950 (arrangements by local authorities for improvement of housing accommodation);

• (b) by way of annual grants under section 12(1) or section 15 of the Housing (Financial Provisions) Act 1958 or by way of exchequer contributions under section 89(1) of the Housing (Scotland) Act 1950 or under section 12 of the Housing (Scotland) Act 1962 or under section 21 of the Housing (Financial Provisions) (Scotland) Act 1968 (contributions for dwellings improved under arrangements with local authorities and grants for hostels);

• (c) by way of annual grant under section 12(6) of the Housing Subsidies Act 1967 or by way of exchequer contributions under section 121 of the Housing (Scotland) Act 1950 or under section 62 of the Housing Act 1964 or under section 17 of the Housing (Financial Provisions) (Scotland) Act 1968 (subsidies for conversions or improvements by housing associations) ;

• (d) by way of annual grant under section 21(8) of the Housing Act 1969 (contributions for dwellings provided or improved by housing associations under arrangements with local authorities) ;

• (e) by way of basic residual subsidy, special residual subsidy or new building subsidy under section 72 ; section 73 or section 75 of the Housing Finance Act 1972 or by way of hostel subsidy under section 92 of that Act; and

• (f) by way of basic residual subsidy, special residual subsidy, new building subsidy or improvement subsidy under section 52, section 53, section 55 or section 57 of the Housing (Financial Provisions) (Scotland) Act 1972.

3

The loans referred to in paragraph 1(b) above are—

• (a) loans under section 119 of the Housing Act 1957 or under section 152 of the Housing (Scotland) Act 1966 (power of certain local authorities to promote and assist housing associations) ;

• (b) loans to housing associations under section 47 of the Housing (Financial Provisions) Act 1958 or under section 78 of the Housing (Scotland) Act 1950 or under section 24 of the Housing (Financial Provisions) (Scotland) Act 1968 (loans by Public Works Loan Commissioners to certain bodies);

• (c) advances made under section 7 of the Housing Act 1961 or under section 11 of the Housing (Scotland) Act 1962 or under section 23 of the Housing (Financial Provisions) (Scotland) Act 1968 (advances to housing associations providing housing accommodation for letting); and

• (d) loans made by the Corporation under section 2 of the Housing Act 1964.

SCHEDULE 3

PART I — Interim Protection of Housing Association Tenants

1

• (1) The provisions of this Part of this Schedule apply where,—

• (a) before the passing of this Act, any premises have been let on a tenancy (in this Part of this Schedule referred to as " the former tenancy "); and

• (b) by reason only of section 5(5) of the Rent Act 1968 or of section 5(4) of the Rent (Scotland) Act 1971 (exclusion of housing association tenancies from protection) the former tenancy was not a protected tenancy on the relevant day; and

• (c) the former tenancy has come to an end before the passing of this Act or comes to an end after the passing of this Act but before the operative date ; and

• (d) at any time after the passing of this Act or the termination of the former tenancy, whichever is the later, any of the persons specified in sub-paragraph (3) below remains in occupation of the premises or part of them and in residence therein.

• (2) In this Part of this Schedule " the relevant day ", in relation to a tenancy, means,—

• (a) in the case of a tenancy which expired before the passing of this Act, the day on which it expired ; and

• (b) in any other case, the day immediately preceding that on which this Act was passed.

• (3) The persons referred to in sub-paragraph (1)(d) above are—

• (a) the tenant under the former tenancy ;

• (b) any person to whom the premises or any part thereof has been lawfully sublet as a dwelling ; and

• (c) where any such person as is mentioned in paragraph (a) or paragraph (b) above has died, any person who, if the deceased had been the original tenant, within the meaning of Schedule 1 to the Rent Act 1968, or to the Rent (Scotland) Act 1971, of the premises or part would have been the first successor, within the meaning of that Schedule, or would have become the statutory tenant on the death of that first successor.

2

• (1) In this paragraph " the occupier", in relation to any premises, means the person remaining in occupation and in residence as mentioned in paragraph 1(1)(d) above and "the owner", in relation to any premises, means the person who, as against the occupier, is entitled to possession thereof ; and the following provisions of this paragraph shall have effect subject to paragraph 3 below.

• (2) Without prejudice to any power of the court apart from this Part of this Schedule to postpone the operation or suspend the execution of an order for possession, if in proceedings by the owner against the occupier of any premises the court makes, or has before the passing of this Act made, an order for possession the court may suspend the execution of the order for such period, not exceeding 12 months from the date of the order, as the court thinks reasonable.

• (3) Where the court by virtue of this paragraph suspends the execution of an order for possession of any premises it may authorise the withdrawal from the occupier of any specified services or furniture and impose such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, rent or mesne profits and otherwise, as the court thinks reasonable.

• (4) The court may from time to time vary the period of suspension or terminate it and may vary any terms or conditions imposed by virtue of this paragraph, but shall not extend the period of suspension beyond the end of 12 months from the date of the order for possession.

• (5) In considering whether or how to exercise its powers under this paragraph the court shall have regard to all the circumstances and, in particular, to the following, namely,—

• (a) whether the occupier has failed (whether before or after the termination of the former tenancy) to observe any terms or conditions thereof;

• (b) whether he has unreasonably refused an offer of a tenancy of the premises or part of them for a reasonable term ; and

• (c) whether greater hardship would be caused by the suspension of the execution of the order for possession than by its execution without suspension or further suspension.

• (6) Where in proceedings for the recovery of possession of any premises the court makes an order for possession but suspends the execution of the order by virtue of sub-paragraph (2) above it shall make no order for costs, unless it appears to the court, having regard to the conduct of the owner or of the occupier, that there are special reasons for making such an order.

• (7) In the application of this paragraph to Scotland—

• (a) for any reference to an order for possession there shall be substituted a reference to a decree of removing or warrant of ejection,

• (b) for the reference to mesne profits there shall be substituted a reference to damages arising from unlawful possession, and

• (c) for the reference to costs there shall be substituted a reference to expenses.

3

• (1) If at any time before the operative date the interest which, on the relevant day, was the interest of the landlord under the former tenancy (in this paragraph referred to as " the landlord's interest") becomes vested in one of the bodies specified in section 5(2) of the Rent Act 1968 or of the Rent (Scotland) Act 1971 (bodies whose tenancies are excluded from protection under that Act) the court may not, in exercise of its power under paragraph 2(4) above, vary the period of suspension otherwise than by shortening it.

• (2) If on the operative date the landlord's interest belongs to a housing association then, without prejudice to the provisions of Parts II and III below and to the continued operation of any provision made before that date by virtue of paragraph 2 above, the powers of the court under that paragraph shall on that date cease to be exercisable.

4

• (1) In this Part of this Schedule " the court ",—

• (a) in relation to premises in England or Wales, means the county court; and

• (b) in relation to premises in Scotland, means the sheriff.

• (2) Any powers of a county court in proceedings for the recovery of possession of any premises in circumstances where the powers conferred by this Part of this Schedule are or may be exercisable may be exercised by any registrar of the court, except in so far as rules of court otherwise provide.

• (3) Except in so far as the context otherwise requires, expressions to which a meaning is assigned by section 113 of the Rent Act 1968 or, in Scotland, section 133 of the Rent (Scotland) Act 1971 have the same meanings in this Part of this Schedule.

PART II — Application of Rent Act 1968

5

• (1) The provisions of this paragraph apply on and after the operative date in any case where—

• (a) a tenancy of a dwelling-house under which the interest of the landlord belonged to a housing association has come to an end at a time before the operative date (whether before or after the passing of this Act), and

• (b) on the date when it came to an end, the tenancy was one to which Part VIII of the 1972 Act applied, and

• (c) if the tenancy had come to an end after the operative date it would, by virtue of section 18(1) of this Act, have then been a protected tenancy.

• (2) No order for possession of the dwelling-house shall be made which would not be made if the tenancy had been a protected tenancy at the time it came to an end.

• (3) Where a court has made an order for possession of the dwelling-house before the operative date, but the order has not been executed, the court, if of opinion that the order would not have been made if the tenancy had been a protected tenancy when it came to an end may, on the application of the person against whom it was made, rescind or vary it in such manner as the court thinks fit for the purpose of enabling him to continue in possession.

• (4) If on the operative date the person who was the tenant under the tenancy which has come to an end duly retains possession of the dwelling-house, he shall be deemed to do so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant.

• (5) If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have been the first successor, within the meaning of Schedule 1 to the Rent Act 1968, he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 2 or paragraph 3 of that Schedule.

• (6) If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have become the statutory tenant on the death of a first successor, he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 6 or paragraph 7 of Schedule 1 to the Rent Act 1968.

• (7) References in the preceding provisions of this paragraph to a person duly retaining possession of a dwelling-house are references to his retaining possession without any order for possession having been made or, where such an order has been made,—

• (a) during any period while its operation is postponed or its execution is suspended ; or

• (b) after it has been rescinded.

• (8) Subject to sub-paragraph (9) below, the tenancy referred to in sub-paragraph (1) above shall be treated as the original contract of tenancy for the purposes of section 12 of the Rent Act 1968 (terms and conditions of statutory tenancies) in relation to a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above.

• (9) The High Court or the county court may by order vary all or any of the terms of a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by the provisions of sections 23 and 24 of the Rent Act 1968).

6

• (1) If, in a case where either a tenancy becomes a protected tenancy by virtue of section 18(1) of this Act or a statutory tenancy is imposed by virtue of paragraph 5 above,—

• (a) a rent was registered for the dwelling-house at a time when Part VIII of the 1972 Act applied to that tenancy or, as the case may be, to the tenancy referred to in paragraph 5(1) above, and

• (b) a rent is subsequently registered for the dwelling-house under Part IV of the Rent Act 1968 but the rent so registered is less than the rent registered as mentioned in paragraph (a) above,

then, subject to paragraph 8 below, until such time as a rent is registered under Part IV of the Rent Act 1968 which is higher than the rent registered as mentioned in paragraph (a) above, the contractual rent limit, or, as the case may be, the maximum rent recoverable during any statutory period of the regulated tenancy concerned shall be the rent registered as mentioned in paragraph (a) above.

• (2) If, in a case falling within sub-paragraph (1) above, the Secretary of State has, in a direction under section 85 of the 1972 Act, specified a rent limit for the dwelling-house higher than the rent registered as mentioned in sub-paragraph (1)(a) above, then, during the period for which that direction has effect as mentioned in that section, sub-paragraph (1) above shall have effect with the substitution for any reference to the rent registered as mentioned in paragraph (a) of that sub-paragraph of a reference to the rent limit so specified.

• (3) Nothing in the preceding provisions of this paragraph shall affect the operation of section 48A of the Rent Act 1968 (cancellation of registration of rent) and, accordingly, where the registration of a rent is cancelled in accordance with that section sub-paragraph (1) above shall cease to apply in relation to the rent of the dwelling-house concerned.

7

• (1) This paragraph applies for the purposes of the application of Part III of the Rent Act 1968 (rents under regulated tenancies) in relation to—

• (a) a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act,

• (b) a statutory tenancy arising on the termination of such a tenancy, and

• (c) a statutory tenancy imposed by virtue of paragraph 5 above,

in any case where, at the time when Part VIII of the 1972 Act last applied to the tenancy referred to in paragraph (a) above or, as the case may require, paragraph 5(1) above, subsection (3) of section 83 of the 1972 Act applied (rent limit where no rent is registered).

• (2) Where this paragraph applies, the rent limit applicable to the tenancy or statutory tenancy referred to in sub-paragraph (1) above shall be deemed to be (or, as the case may be, to have been) the contractual rent limit under the relevant tenancy, but without prejudice to the subsequent registration of a rent for the dwelling-house under Part IV of the Rent Act 1968 or (during the currency of a protected tenancy) the making of an agreement under section 43 of the 1972 Act increasing the rent payable.

• (3) Sub-paragraph (2) above shall have effect notwithstanding the repeal by the 1972 Act of section 20(3) of the Rent Act 1968 (contractual rent limit before registration), but nothing in this paragraph shall be taken as applying any provision of section 83 of the 1972 Act to a tenancy at a time when it is a protected tenancy.

• (4) In this paragraph " the relevant tenancy " means—

• (a) in the case of a tenancy falling within sub-paragraph (1)(a) above, that tenancy;

• (b) in the case of a statutory tenancy falling within sub-paragraph (1)(b) above, the tenancy referred to in sub-paragraph (1)(a) above ; and

• (c) in the case of a statutory tenancy falling within sub-paragraph (1)(c) above, the protected tenancy referred to in sub-paragraph (4) of paragraph 5 above or, in a case where sub-paragraph (5) or sub-paragraph (6) of that paragraph applies, a notional protected tenancy which, by virtue of section 7(4) of the Rent Act 1968, would be treated for the purposes of that Act as constituting one regulated tenancy when taken together with the statutory tenancy.

8

• (1) The provisions of this paragraph apply where—

• (a) a tenancy of a dwelling-house becomes a protected tenancy by virtue of section 18(1) of this Act or a statutory tenancy is imposed by virtue of paragraph 5 above ; and

• (b) immediately before the tenancy became a protected tenancy or, as the case may require, immediately before the tenancy referred to in paragraph 5(1) above came to an end, section 84 of the 1972 Act (phasing of progression to registered rent) applied to the rent of the dwelling-house let on that tenancy.

• (2) In the following provisions of this paragraph " the regulated tenancy " means the regulated tenancy consisting of the protected or statutory tenancy referred to in sub-paragraph (1)(a) above, together with any subsequent statutory tenancy which, when taken with that regulated tenancy is by virtue of section 7(4) of the Rent Act 1968 treated for the purposes of that Act as constituting one regulated tenancy.

• (3) Subject to the following provisions of this paragraph, section 84 of the 1972 Act shall continue to apply or, as the case may require, shall apply to the rent of a dwelling-house subject to the regulated tenancy.

• (4) Section 84 of the 1972 Act shall cease to apply by virtue of this paragraph to the rent of a dwelling-house—

• (a) on the date on which a rent is registered for the dwelling-house under Part IV of the Rent Act 1968 if the date of registration, within the meaning of Part VIII of the 1972 Act, is after the operative date ; or

• (b) on the date on which a new regulated tenancy of the dwelling-house is granted to a person who is neither the tenant under the regulated tenancy nor a person who might succeed him as a statutory tenant.

• (5) If and so long as, by virtue of this paragraph, subsection (2) of section 84 of the 1972 Act imposes for any rental period of a tenancy or statutory tenancy a rent limit below the rent registered for the dwelling-house as mentioned in subsection (1) of that section,—

• (a) the contractual rent limit shall be the rent limit so imposed and not the registered rent (as provided by section 20(2) of the Rent Act 1968) and section 87 of the 1972 Act (increase of rent without notice to quit) shall apply in relation to the tenancy as if it were one to which Part VIII of that Act applied; and

• (b) a notice of increase under section 22(2)(b) of the Rent Act 1968 (increase of rent for statutory periods) may not increase the rent for any statutory period above the rent limit so imposed, and any such notice which purports to increase it further shall have effect to increase it to that limit but no further.

• (6) For the purposes of the application on and after the operative date of section 84 of the 1972 Act to the rent of a dwelling-house subject to a regulated tenancy consisting of or beginning with a statutory tenancy which is imposed by virtue of paragraph 5 above, that section shall be deemed to have continued to apply throughout the period between the termination of the tenancy referred to in sub-paragraph (1) of that paragraph and the operative date ; but nothing in this paragraph shall affect the rent recoverable for that dwelling-house at any time during that period.

9

• (1) This paragraph shall have effect with respect to the application of Schedule 6 to the 1972 Act (restriction on rent increases) in relation to a regulated tenancy consisting of—

• (a) a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act, or

• (b) a statutory tenancy imposed by virtue of paragraph 5 above,

together with any subsequent statutory tenancy which, when taken with that regulated tenancy, is by virtue of section 7(4) of the Rent Act 1968 treated for the purposes of that Act as constituting one regulated tenancy.

• (2) For the purposes of paragraph 1(1)(b) of the said Schedule 6 (application of paragraph 1 to the first registration of rent after completion, during the existence of the regulated tenancy; of certain works), a tenancy falling within sub-paragraph (1)(a) above shall be deemed to have been a regulated tenancy throughout the period when Part VIII of the 1972 Act applied to it.

• (3) In the case of a regulated tenancy falling within sub-paragraph (1)(b) above, paragraph 1(1)(b) of the said Schedule 6 shall have effect as if the reference to the completion of works during the existence of the regulated tenancy included a reference to their completion during the period beginning on the day on which Part VIII of the 1972 Act first applied to the tenancy referred to in paragraph 5(1) above and ending on the day on which the regulated tenancy came into existence.

• (4) The references in paragraph 3(1) of the said Schedule 6 to notices of increase authorised by the Rent Act 1968 shall include a reference to notices of increase under section 87 of the 1972 Act.

10

In the application of section 25 of the Rent Act 1968 (increase, on account of improvements, of recoverable rent for statutory periods before registration) in relation to a statutory tenancy arising on the termination of a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act and a statutory tenancy imposed by virtue of paragraph 5 above, for the reference to 7th December 1965 (the date after which the improvement must be completed) there shall be substituted a reference to the operative date.

11

In the application of section 46 of the Rent Act 1968 in relation to a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act or a statutory tenancy which is imposed by virtue of paragraph 5 above, the reference in subsection (3) to a failure to comply with any terms of a regulated tenancy or to carrying out an improvement includes a reference to a failure occurring or an improvement carried out before the tenancy became a regulated tenancy or, as the case may be, before the statutory tenancy was imposed.

12

In this Part of this Schedule "the 1972 Act" means the Housing Finance Act 1972 and sections 38(1) and 113(1) of the Rent Act 1968 (interpretation) shall have effect for the purposes of this Schedule as they have effect for the purposes of Part III or, as the case may be, the whole of that Act.

PART III — Application of Rent (Scotland) Act 1971

13

• (1) The provisions of this paragraph apply on and after the operative date in any case where—

• (a) a tenancy of a dwelling-house under which the interest of the landlord belonged to a housing association has come to an end at a time before the operative date (whether before or after the passing of this Act), and

• (b) on the date when it came to an end, the tenancy was one to which sections 60 to 66 of the 1972 Act applied, and

• (c) if the tenancy had come to an end after the operative date it would, by virtue of section 18(1) of this Act, have then been a protected tenancy.

• (2) No order for possession of the dwelling-house shall be made which would not be made if the tenancy had been a protected tenancy at the time it came to an end.

• (3) Where a court has made an order for possession of the dwelling-house before the operative date, but the order has not been executed, the court, if of opinion that the order would not have been made if the tenancy had been a protected tenancy when it came to an end may, on the application of the person against whom it was made, rescind or vary it in such manner as the court thinks fit for the purpose of enabling him to continue in possession.

• (4) If on the operative date the person who was the tenant under the tenancy which has come to an end duly retains possession of the dwelling-house, he shall be deemed to do so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant.

• (5) If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have been the first successor, within the meaning of Schedule 1 to the 1971 Act he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 2 or paragraph 3 of that Schedule.

• (6) If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have become the statutory tenant on the death of a first successor, he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 6 or paragraph 7 of Schedule 1 to the 1971 Act.

• (7) References in the preceding provisions of this paragraph to a person duly retaining possession of a dwelling-house are references to his retaining possession without any order for possession having been made or, where such an order has been made,—

• (a) during any period while its operation is postponed or its execution is suspended ; or

• (b) after it has been rescinded.

• (8) Subject to sub-paragraph (9) below, the tenancy referred to in sub-paragraph (1) above shall be treated as the original contract of tenancy for the purposes of section 12 of the 1971 Act (terms and conditions of statutory tenancies) in relation to a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above.

• (9) The court may by order vary all or any of the terms of a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by the provisions of sections 22 and 23 of the 1971 Act).

14

• (1) This paragraph applies to—

• (a) a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act;

• (b) a statutory tenancy which is deemed to arise under paragraph 13 above; and

• (c) a statutory tenancy arising on the termination of any such tenancy as is referred to in head (a) or (b) of this sub-paragraph.

• (2) The contractual rent limit for any contractual period of a tenancy to which this paragraph applies or the limit of rent recoverable for any statutory period of that tenancy shall be determined as follows—

• (a) where no rent has been registered for the dwelling-house under the previous housing association tenancy, the limit for the purposes of section 19(1) or, subject to sections 22 to 24, of section 21(1) of the 1971 Act, shall be the rent recoverable for the last rental period of that tenancy determined in accordance with section 62(3) of the 1972 Act, until either—

• (i) a rent is registered for the dwelling-house under Part IV of the 1971 Act, or

• (ii) a rent agreement with a tenant having security of tenure is entered into with respect to the dwelling-house ;

• (b) where a rent has been registered for the dwelling-house under the previous housing association tenancy and the rent recoverable for the last rental period of that tenancy was that registered rent, the limit, for the purposes of section 19(2) or section 21(2) of the 1971 Act, but subject to the provisions of those sections, shall be the registered rent until either—

• (i) a new rent is registered for the dwelling-house under Part IV of the 1971 Act, or

• (ii) the rent registered for the dwelling-house is cancelled in terms of section 44A of the 1971 Act;

• (c) where a rent has been registered for the dwelling-house under the previous housing association tenancy and the rent recoverable for the last rental period of that tenancy was determined in accordance with section 63 of the 1972 Act, the limit, for the purposes of section 19(2) or of section 21(2) of the 1971 Act, shall be the rent limit as determined in accordance with the said section 63 of the 1972 Act and, for this purpose, that registration and the provisions of sections 62(4), 63(2) to (4) and 67 of that Act shall subject to the provisions of sub-paragraph (3) of this paragraph, continue to apply or, as the case may require, shall apply to the rent of a dwelling-house under a tenancy to which this paragraph applies as if that tenancy had been a tenancy to which sections 60 to 66 of the 1972 Act applied, until either—

• (i) a new rent is registered for the dwelling-house under Part IV of the 1971 Act, or

• (ii) the rent registered for the dwelling-house is cancelled in terms of section 44A of the 1971 Act;

• (d) where a rent has been registered for the dwelling-house and the Secretary of State has given a direction under section 64(4) of the 1972 Act, specifying the rent limit for the dwelling-house under the previous housing association tenancy, the limit, for the purposes of section 19(2) or of section 21(2) of the 1971 Act, shall be the rent limit specified in the direction and, for this purpose, the provisions of sections 62(1), (2), (4) and (5), 64 and 67 of the 1972 Act shall continue to apply or, as the case may require, shall apply to the rent of a dwelling-house under a tenancy to which this paragraph applies as if that tenancy had been a tenancy to which sections 60 to 66 of the 1972 Act applies, until—

• (i) the direction ceases to have effect (whether because any condition included in the direction is not complied with or because the period for which the direction has effect ends), or

• (ii) a new rent is registered for the dwelling-house under Part IV of the 1971 Act (whether or not the new rent exceeds the rent provisionally registered or the rent specified in the direction);

and where any of the events specified in the foregoing provisions of this sub-paragraph take place the said limits shall be determined in accordance with the provisions of the Rent (Scotland) Acts 1971 and 1972.

• (3) In the application, by virtue of sub-paragraph (2)(c) of this paragraph, of subsection (2) of section 63 of the 1972 Act to the rent of a dwelling-house subject to a statutory tenancy which is deemed to arise under paragraph 13 above, that subsection shall be deemed to have continued to apply throughout the period between the termination of the tenancy referred to in paragraph 13(1)(a) above and the operative date ; but nothing in this sub-paragraph shall affect the rent recoverable for that dwelling-house at any time during that period.

• (4) In the case where sub-paragraph (2)(c) of this paragraph applies, and the rent limit therein referred to is the rent limit as determined in accordance with section 63 of the 1972 Act, any notice of increase under section 21(2)(b) of the 1971 Act shah not increase the rent for any statutory period of a tenancy to which this paragraph applies above the rent limit as so determined, and any such notice which purports to increase it further shall have effect to increase it to that limit but no further.

• (5) In the application of section 24(1) of the 1971 Act (increase of rent for improvements) to a tenancy to which this paragraph applies, for the reference to 8th December 1965 (the date after which the improvement must be completed) there shall be substituted a reference to the operative date.

• (6) Section 42 of the 1971 Act (determination of fair rent) shall apply in relation to a tenancy to which this paragraph applies as if the reference in subsection (3) of the said section 42 to the tenant under the regulated tenancy included references to the tenant under the previous housing association tenancy.

• (7) Any right conferred upon a tenant by section 31 of the 1971 Act, as applied by section 62(5) of the 1972 Act, to recover any amount by deducting it from rent should be exercisable by deducting it from rent for any rental period beginning after the tenancy has become a tenancy to which this paragraph applies to the same extent as the right would have been exercisable if the tenancy had not become such a tenancy.

• (8) The fact that the tenancy has become a tenancy to which this paragraph applies should not be taken as affecting any court proceedings which are pending under section 67(3) of the 1972 Act at the time when the tenancy becomes such a tenancy and a decision on which may affect the recoverable rent for any period before that time or the rent under the tenancy to which this paragraph applies so far as that depends upon the recoverable rent before that time.

15

The sheriff shall have jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question—

• (a) as to the application of this Part of this Schedule to any tenancy or as to any matter which is or may become material for determining any such question, or

• (b) as to the amount of rent recoverable under a tenancy to which paragraph 13 above applies ;

and section 123(1) of the 1971 Act shall apply to any application to the sheriff under this paragraph as it applies to any application under any of the provisions mentioned in section 123(3) of that Act.

16

In this Part of this Schedule—

• " the 1971 Act " means the Rent (Scotland) Act 1971 ;

• " the 1972 Act " means the Housing (Financial Provisions) (Scotland) Act 1972 ;

• " the court " means " the sheriff " ;

• " the previous housing association tenancy ", in relation to a tenancy to which paragraph 14 above applies, means the tenancy to which sections 60 to 66 of the 1972 Act applied which either became the protected tenancy by virtue of section 18(1) of this Act or came to an end as mentioned in paragraph 13(1)(a) above ; and other expressions used in this Part of this Schedule which are also used in the Rent (Scotland) Acts 1971 and 1972 shall have the same meanings in this Part as they have in those Acts.

SCHEDULE 4

1

Where, by virtue of the principal section, a person is under an obligation to notify a local authority of any matter, the obligation shall be fulfilled by furnishing to the local authority a notification in writing containing the information specified in the following provisions of this Schedule.

2

• (1) Every such notification shall contain—

• (a) the name and address of the person by whom it is furnished ;

• (b) the address of, and any further information necessary to identify, the land to which the notification relates ; and

• (c) the estate or interest in that land which the person by whom the notification is furnished has at the time it is furnished.

• (2) The reference in sub-paragraph (1)(a) above to a person's address is a reference to his place of abode or his place of business or, in the case of a company, its registered office.

• (3) To the extent that it is capable of being so given, the information required by sub-paragraph (1)(b) above may be given by reference to a plan accompanying the notification.

3

• (1) A notification given in compliance with subsection (1) or subsection (2) of the principal section shall also specify—

• (a) whether the tenancy concerned is periodic or for a term certain ;